Madeline A. Coblenz and William J. Mason - Page 7

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          petitioner’s lawsuit.  Petitioner alleged in “The Facts” that               
          “First City [Bank] wrongfully demanded, and received, payment of            
          $2,500,000, under * * * [Gnat Robot Corp.’s] letter of credit,              
          and thereby triggered a sequence of events that deprived * * *              
          [petitioner] of his ownership rights in * * * [Modern World] but            
          left him indebted to third parties based on guarantees directly             
          related to those ownership rights that were lost”.                          
              On the basis of “The Facts”, in Count I, petitioner alleged            
          that when First City Bank demanded payment on the letter of                 
          credit, it warranted to all interested parties that $2.5 million            
          was due and payable by Modern World.  Petitioner further alleged            
          that the $2.5 million was not due and payable and that therefore            
          First City Bank’s improper demand caused petitioner to lose his             
          equity interest in Modern World.  As to Count II, he alleged that           
          First City Bank violated certain provisions of the “Texas                   
          Deceptive Trade Practices - Consumer Protection Act”, that First            
          City Bank breached its warranty made to petitioner, and that                
          First City Bank “engaged in an unconscionable course of action”.            
          In Count III, petitioner contended that First City Bank’s                   
          interference with petitioner’s contractual relationship with Gnat           
          Robot Corp. caused damages to petitioner, including the loss of             
          his equity rights in Modern World.  In Count IV, petitioner                 
          alleged that First City Bank and Mr. White entered into a                   
          conspiracy to place Modern World in bankruptcy proceedings from             

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